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(영문) 창원지방법원 진주지원 2019.10.17 2019고단659
강제추행등
Text

Defendant shall be punished by imprisonment for five months and by a fine of 100,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On February 24, 2019, the Defendant: (a) committed indecent act by compulsion by force against the victim D (one’s name, female, and 20 years old) who is a part-time student, who was arranging convenience points at the “C convenience store” located in Jinju-si B, Jinju-si on February 17, 2019; and (b) committed indecent act by force by force against the victim.

2. At around 17:20 on the same day, the Defendant attempted to commit indecent act by compulsion, at around 17:20 on the same day, opened a cater to have the above victim in the convenience store knick, and opened a cater to the victim, and extending to the victim, but the victim did not commit an attempted act with the winding of the Defendant’s hand and escaping.

3. The Defendant violated the Punishment of Minor Offenses Act, which is a place open to the public on a temporary basis as referred to in paragraph (2), was exposed to one’s sexual organ openly from the front of the E building in Jinju-si to the front day of the said “E building” through Jinju-si, a place open to the public, such as Paragraph (2) to the front day of the said “E building.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Notification of a department related to the report of the case in 112, a photograph of CCTV images taken and a photograph of CCTV taken;

1. Application of Acts and subordinate statutes to each investigation report (Evidence List 7, 9);

1. Relevant legal provisions concerning criminal facts, and the choice of punishment under Article 298 of the Criminal Act, Articles 300 and 298 of the Criminal Act, and Article 3 (1) 33 of the Punishment of Minor Offenses Act (the fact of excessive labor and the selection of fines);

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 3, and 50 of the Criminal Act (Concurrent punishment of imprisonment with prison labor and fines prescribed by the Punishment of Minor Offenses Act where the hostage of the crimes concerning the crime of indecent act by compulsion and the crime of attempted indecent act by compulsion is aggravated)

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Courses;

1. Article 56 (1) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which orders employment restriction;

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